Sewer Easement with Western Health Care Delivery Systems, Inc. for Sewer Line Access
SEt~7ER EASEr•1ENT
THIS INDENTURE, made this ~( day of ,~J O(w !.~ str l/
19~, between WESTERri HEALTH CARE DELIVERY SYSTEr-ZS, INC.
the party of the first part, and hereinafter
called the Grantor, and the City of Meridian, State of Idaho,
a municipal corporation, the party of the second part, and here-
inafter called the Grantee;
WITNESSrTH
WHEREAS, the Grantor desires to provide a sanitary sewer
right-of-way across the premises and property hereinafter particularly
bounded and described; and
WI3EREAS, the sanitary sewer is to be provided for through
an underground pipeline to be constructed by the Grantee; and
WHEREAS, it will be necessary to maintain and service said
pipeline from ti?~e to time by the Grantee;
NOtr,I, THEREFORE, in consideration of the benefits to be received
by the Grantor, and for the sum o.f. Ten Dollars ($10.00) and other
good and valuable consideration, the Grantor does hereby give,
grant and convey unto the Grantee the right-o_f.-way for an easement
for the construction, operation and maintenance of a sanitary
sewer line over and across the following described property:
Commencing at the Southwest corner of the Southeast One-Quarter
of Section 6, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, and running r1. 0° 20' Ol" E. 1301.07 feet
along the taesterly boundary o.f_ the said Southeast One-Quarter,
Section 6, to the Northwest corner of the South One-~?alf of the
Southeast One-Quarter, said Section 6;
thence S. 89° 53' 08" E. 790.69 feet aloncr the Northerly
boundary of the said South One-Half or the Southeast One-Quarter,
Section 6, to the TRiJ£ POIr3T OF BEGINNING OF TI?F EASEr4ENT;
I
thence S. 0° 23' 20" I~, 108.60 feet to a point, said easement
being 20 feet in width adjacent to and lying 5 feet Westerly
of and 15 feet Easterly of the described line;
thence continuing S, 0° 23' 20" W, 499.51 feet to a point,
said easement being 20 feet in width adjacent to and centered
upon the described line;
thence S. 89° 36' 40" W, 488.28 feet to a point, said easement
being 20 feet in width centered upon the described line;
thence S. 0° 23' 18" W, 620.82 feet to a point, said easement
being 20 feet in width centered upon the described line, and
said point being the POITd _ OF E.1DIr
m " 1G OF Tf?E EASFr~~ENT on the Northerly
right-o f_-way line of Fairview Avenue (U.S. Highway 30).
The easement hereby granted is for the purpose of construction
and operation o_f a sanitary sewer line and allied facilities,
together with their maintenance, repair, and replacement at the
convenience of the Grantee, with the free right of_ access to
such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of_-way
unto the said Grantee, its successors and assicrns forever,
IT IS EXPRESSLY IJnTDrRSTOOD A?'TD AGREED, by and between the
parties hereto that the Grantee will timely complete the work
of la_yina the sanitary sewer line and restore the premises used
therefor to a condition comparable witiz that existing prior to
exercising this easement; that in making _future repairs the Grantee
will expediently replace and restore the premises to a condition
comparable to that existent prior to undertaking such repairs
and replacements,
TFiE GRANTOR hereby covenants and agrees that it will not
place or allow to be placed any permanent structures on the area
described for this easement which would interfere with the use
of said described easement for the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantor does hereby
give and grant to the Grantee the right to use during initial
construction an additiona]_ strip o.f_ land described as follows:
A strip of land 30 feet in width adjacent to and lying
Southerly and Westerly of the above described permanent easement.
IT IS UNDERSTOOD that the strip of land described in the
previous paragraph is for the purpose of constructing said sanitary
sewer line herein described, the same to expire when the initial
construction is completed.
IT IS UNDERSTOOD and agreed that the Grantee will restore
said "strip to a condition comparable to that existent prior to
the undertaking of the construction of such sanitary sewer line.
The Grantor does hereby covenant with the Grantee that it
is lawfully seized and possessed of the aforementioned and described
tract of_ land, anc]. that it has a good and lawful right to
convey said easement, and that it will warrant and forever defend
the title and quiet possession thereof against the lawful claims
of all persons whomsoever.
IPd WITPdESS WHEREOF, the said party of the first part has
hereunto caused its officers to subscribe their signatures the
day and year first hereinabove written.
WESTERN HEALTH CARE DELIVERY SYSTEMS, INC.
- , ~~ ~ --~
F. La'•4ar.r Heyrend, President
` ~-R-~,'
___.-
. ,~._._.
~e-~-r o~ Psi". Smi h, Secretary
. ~
STATE OF IDAHO )
County of ~fL ~ ~t_ ~ ss.
~> ,~
On this _~,~~j _ day o.f_ '~.~ j G~ GZ-~Cc'Q-2_t. -
in the year
~~ before me the undersigned, a I~Iotary Public in and f_or
said State, personally appeared F. LaMARR HEYRFND
known to me to be the President and CORDON P~1. SMITH
known to me to be the Secretary of WESTERN HEALTH CARE DELIVERY
SYSTEMS, INC. , the corporation that executed the within
instrument, and acknowledged to me that they executed the same.
IN [VITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
_ ,;
{SEAL) ".-~' i . ~~~ ~ /;
Notary Public for Idaho
Residenceo ~"
~~/ 2
~~x..
Ada County. Idaho, ~,
R quit ofd
`TIME :~; ~ ~
DarE~ _ ~"' M.
,CL4REIVCE A~ gNTi~r,
RE pRn~~+ 1'
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ACKNOtaLEDGMENT OF RIGHTS AND
STATEMENT OI' RELEASE
I, F. LaMarr Heyrend, President of Western_Health Care Delive
Systems, Inc.
hereby acknowledge receipt of
copies of the Economic Development Administration (EDA) Rules
and Regulations, Relocation Assistance and Land Acquisition
Policies, Part 310;
IT IS FURTHER acknowledged that the definition of_ displaced
person is a person who moves from real property or moves his
personal property from real property as a result of the acquisition
of such real property in whole or in part, or an easement thereon,
for a program or project undertaken with EDA or EPA financial
assistance; that I understand this definition and that I affirmativel~Y~
state that I am not a displaced person.
IT IS FURTHER affirmatively stated that notice of_ displacement
and displacement services and benefits are hereby waived and
declined.
FURTHER, that this easement conveyed to the City of Meridian
is being made without consideration and none is required or requested
from the City of Meridian.
DATED this -~ ~ ;% day of
STATE OF IDAHO
F. LaMarr Heyrend, Presiders
~~ ss.
County of /~~/~ ) i „
On this y~~/ day of
me the undersigned a Plotary Pu
personally appeared F. LaMarr~
Care Delivery System, Inc., known
is subscribed to the foregoing
that he executed the same.
l-
C '~ _ -~ , 19~`'
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alic in any
Heyrend, P.
to me to
instrument
l~~:" before
3,~for said State,
e`esident of Western Health
oe the person whose name
and acknowledged to me
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
'~
(SEAL ) / c ~ %~- ~,~ / / ... / ;~~-F' ~ ~~
Notary Pub1fic for Idaho ~~
Residence: .. --j~~ti- -,~ <__~
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